| Applicant name | VAGDALT |
| Applicant type | Natural person |
| Number of applicants | 1 |
| Country | Hungary |
| Application no. | 9525/19 |
| Date | 07/03/2024 |
| Judges | Marko Bošnjak, President, Alena Poláčková, Krzysztof Wojtyczek, Lətif Hüseynov, Péter Paczolay, Ivana Jelić, Gilberto Felici |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | Violation |
| Reason | Positive obligation |
| Type of privacy | Relational privacy; procedural privacy |
| Keywords | Paterinity |
| Facts of the case | The case concerns the applicant’s inability to have his paternity recognised in respect of his minor daughter. He alleged a violation of Article 8 of the Convention |
| Analysis | The Court acknowledges that the domestic legislation contained some safeguards allowing for the examination of all interests before any decision to initiate proceedings that could affect the family status of a child. However, in the particular circumstances of the present case, little heed was paid to the practical application of those safeguards in respect of the applicant and it does not seem that the authorities’ handling of his case ensured that his rights and interests were given due consideration. The Court further notes with concern the number of remittals setting aside previous conclusions, decisions that were clearly incompatible with the factual background of the particular case and, lastly, the conduct of the guardian ad litem in disregarding earlier instructions, especially in the light of the lack of any directly accessible procedure by which the applicant could seek to have his legal paternity established. Meanwhile, the delays in the proceedings inevitably reduced and ultimately extinguished any prospect of their successful completion. |
| Other Article violation? | – |
| Damage awarded | Holds (a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement: (i) EUR 10,000 (ten thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 10,000 (ten thousand euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses; |
| Documents | Judgment |